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The Tribunal found that the sanction imposed was proportionate under all the relevant circumstances. Given the serious and protracted nature of the misconduct, and the Applicant’s failure to correct his misconduct despite repeated input from others, it was clear that a non-disciplinary “administrative action” would not have achieved the required result. Following its detailed examination of the evidence on file and, particularly, the testimonies heard at the hearing on the merits, the Tribunal found that the sanction of demotion and deferred promotion eligibility was suitable to the facts and...

After consulting the Staff Regulations and Rules and the Respondent’s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.

The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.

The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.

The evidence is clear that the Respondent’s argument that a Military Officer was authorized to conduct a breathalyzer...

The Applicant failed to convince the Tribunal that the Administration raised in him a legitimate expectation of renewal of his FTA. An erroneously raised personnel action without a written contract does not constitute a ground for legitimate expectation of renewal.

The Tribunal agreed with the Applicant that the Staff Regulations and Rules must be applied uniformly and consistently to staff members. United Nations procedures exist to facilitate fair and transparent substantive decisions, and the failure to abide by required procedures is no mere “technicality”, but instead undermines...

This application does not meet the requirements of art. 12(3) of the UNDT Statute and art. 30 of the UNDT Rules of Procedure. There is no need to clarify the meaning of Judgment Ocokoru UNDT/2015/004 since it was fully implemented years ago. Furthermore, the grounds submitted by the Applicant as a basis for interpretation have already been clearly and unambiguously determined by this Tribunal previously. Consequently, the Tribunal dismisses the application in its entirety.

The Tribunal finds that the Applicant is challenging an administrative decision that is alleged to be in non-compliance with his terms of appointment or his contract of employment and is not challenging the legitimacy of General Assembly resolution 66/234. The application is accordingly receivable.

The General Assembly resolution, Staff Rules, and the ICSC principles and guidelines are clear and unambiguous. These rules stipulate that GS staff wishing to apply for a professional post must first pass the G to P exam unless exceptional approval for a waiver is granted.

Staff at level FS-5 and...

The application was filed without being preceded by a timely filing of a request for management evaluation and the subject matter complained of does not include an administrative decision. The Applicant did not seek management evaluation of the final non-selection decision, which was required to contest it. She only requested management evaluation of the decision not to invite her to a competency-based interview.

The Applicant seeks to contest a preliminary step in a selection process, which can only be challenged in the context of a final selection decision. It is a premature contestation of...

The Applicant did not seek a waiver of suspension of the deadline facing her, nor did she meet the deadline. For this reason, the application is not receivable ratione temporis as it is time-barred.

The Tribunal noted that there was no submission on record indicating that the contested decision imposed adverse consequences on the Applicant. The Tribunal, thus, found that it was not established how the contested decision adversely affected the Applicant’s employment. Accordingly, the Tribunal held that the jurisdictional constraints did not allow it to hear and decide the application in the absence of a particular facts-based case. Therefore, the application was dismissed as not receivable.

The Tribunal noted that the Applicant contended that he was separated for non-disciplinary reasons, while the Respondent provided proof indicating that the termination decision was made on 11 March 2022 and rose from an incident on 2 October 2019 in which the Applicant allegedly drove a United Nations vehicle while under the influence of alcohol and damaged that vehicle.

The Tribunal thus held that: a) to the extent that the termination decision was for reasons other than disciplinary, the Statute of the United Nations Dispute Tribunal required that, to be receivable, the Applicant ought to...

The Applicant was found suitable for available positions. Indeed, for one job opening, he was one of the eight candidates short-listed and convoked to interview. By shortlisting him, the Administration tacitly acknowledged that he was deemed suitable for the position; per Timothy UNDT/2017/080, as a continuing appointment holder facing termination, the Administration was obliged from that point to consider his candidacy on a preferred, non-competitive basis.

The Tribunal found that the Administration failed in its obligation to make good faith efforts to absorb the Applicant into a new post...